Rules governing admission to the practice of law in the state of Oklahoma.

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RULES GOVERNING ADMISSION
TO THE PRACTICE OF LAW
IN THE STATE OF OKLAHOMA
Adopted and Promulgated by the Supreme Court of Oklahoma in Revised Form on the 8th day of December, 2009,
S.C.B.D. No. 5565.
PREAMBLE
APPLICANT'S DUTY OF CANDOR
Each applicant for admission to the bar has a
duty to be candid and to make full, careful and
accurate responses and disclosures in all phases of
the application and admission process. Each
applicant must respond fully to all inquiries. It is
not proper for an applicant to give either a highly
selective or sketchy description of past events
reflecting on the applicant's qualifications for
admission to the bar. An applicant who violates
this duty may be denied admission to the bar.
RULE ONE
To be admitted to the practice of law in the
State of Oklahoma, the applicant:
Section 1. shall have good moral character, due
respect for the law, and fitness to practice law;
Section 2. shall be at least 18 years of age;
Section 3. shall have met all the conditions and
requirements hereinafter set forth which may be
applicable;
Section 4. shall take the following oath and file
the same with the Clerk of the Supreme Court:
"I do solemnly swear that I will support, protect
and defend the Constitution of the United States,
and the Constitution of the State of Oklahoma; that
I will do no falsehood, or consent that any be done
in court, and if I know of any I will give
knowledge thereof to the judges of the court, or
some one of them, that it may be reformed; I will
not wittingly, willingly or knowingly promote, sue,
or procure to be sued, any false or unlawful suit, or
give aid or consent to the same; I will delay no
person for lucre or malice, but will act in the office
of attorney in all courts according to my best
learning and discretion with all good fidelity as
well to the court as to my client, so help me God."
Section 5. shall have signed the Roll of
Attorneys; provided, however, that if the applicant
is unable, by reason of absence, to sign the Roll,
applicant may grant the power of attorney to the
Administrative Director of the Board of Bar
Examiners to sign said Roll of Attorneys for
applicant.
RULE TWO
ADMISSION UPON MOTION
WITHOUT EXAMINATION
For purposes of this Rule, the term
"reciprocal state" shall mean a state which grants
Oklahoma judges and lawyers the right of
admission on motion, without the requirement of
taking an examination.
The following persons, when found by the
Board of Bar Examiners to be qualified under
Section 1 and 2 of Rule One, may be admitted by
the Supreme Court to the practice of law in the
State of Oklahoma upon the recommendation and
motion of the Board, without examination:
Section 1. Persons who have been lawfully
admitted to practice and are in good standing on
active status in a reciprocal state, are graduates of
an American Bar Association approved law school,
and have engaged in the actual and continuous
practice of law for at least five of the seven years
immediately preceding application for admission
under this Rule.
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For the purposes of this section, “practice of
law” shall mean:
a) Private practice as a sole practitioner or for a
law firm, legal services office, legal clinic or
similar entity, provided such practice was
subsequent to being admitted to the practice of law
in the jurisdiction in which that practice occurred;
b) Practice as an attorney for a corporation,
partnership, trust, individual or other entity,
provided such practice was subsequent to being
admitted to the practice of law in the jurisdiction in
which the practice occurred and involved the
primary duties of furnishing legal counsel, drafting
legal documents and pleadings, interpreting and
giving advice regarding the law, or preparing,
trying, or presenting cases before courts, executive
departments, administrative bureaus, or agencies;
c) Practice as an attorney for the federal, state,
local government (including a territory, district,
commonwealth or possession of the United States),
branch of the armed services, or sovereign Indian
nation with the same primary duties as described in
Section 1(b) above;
d) Employment as a judge, magistrate, referee,
or similar official for the federal, state, or local
government (including a territory, district,
commonwealth or possession of the United States),
provided that such employment is available only to
attorneys;
e) Full time employment as a teacher of law at
a law school approved by the American Bar
Association; or
f) Any combination of the above.
The period of “practice of law” as defined
above in subparagraphs 1(a) and 1(b) shall have
occurred outside the State of Oklahoma.
Applicants for admission without examination
shall furnish such proof of practice and licensing
as may be required by the Board. No applicant for
admission without examination under this rule will
be admitted if the applicant has taken and failed an
Oklahoma bar examination without having later
passed such examination.
Section 2. Applicant shall provide at his or her
own expense a report by the National Conference
of Bar Examiners.
Section 3. Applications must be upon forms
prescribed by the Board of Bar Examiners.
Section 4. It is the purpose of this rule to grant
reciprocity to qualified judges and lawyers from
other jurisdictions and to secure for Oklahoma
judges and lawyers like privileges. If the former
jurisdiction of the applicant does not grant to
Oklahoma judges and lawyers the right of
admission on motion, then this Rule shall not apply
and the applicant must, before being admitted to
practice in Oklahoma, comply with the provisions
of Rule Four. If the former jurisdiction of the
applicant permits the admission of Oklahoma
judges and lawyers upon motion but the Rules are
more stringent and exacting and contain other
limitations, restrictions or conditions of admission
and the fees required to be paid are higher, the
admission of applicant shall be governed by the
same Rules and shall pay the same fees which
would apply to an applicant from Oklahoma
seeking admission to the bar in the applicant's
former jurisdiction.
Section 5. Any person who is admitted to the
practice of law in a reciprocal state who becomes a
resident of Oklahoma to accept or continue
employment by a person, firm, association or
corporation engaged in business in Oklahoma other
than the practice of law, whose full time is, or will
be, devoted to the business of such employer, and
who receives, or will receive, his or her entire
compensation from such employer for applicant's
legal services, may be granted a Special Temporary
Permit to practice law in Oklahoma, without
examination, if the applicant would be fully
qualified to take the bar examination in Oklahoma
under the rules of the Supreme Court, and so long
as such person remains in the employ of, and
devotes his or her full time to the business of, and
receives compensation for legal services from no
other source than applicant's said employer. Upon
the termination of such employment or transfer
outside the State of Oklahoma, the right of such
person to practice law in Oklahoma shall terminate
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unless such person shall have been admitted to
practice law in this state pursuant to some other
rule.
The application must comply with Section 2
of Rule Two and be accompanied by a certificate
from the clerk of the highest appellate court of the
state in which the applicant last practiced, showing
that applicant has been admitted, and is a member
in good standing of the bar of that state; and a
certificate from the employer of such applicant
showing applicant's employment by such employer
and that applicant's full time employment will be
by such employer in Oklahoma. The Special
Temporary Permit shall recite that it is issued
under this Rule, and shall briefly contain the
contents thereof. Such Special Temporary Permit
shall be subject to Rule Ten of these Rules.
Section 6. A person who is admitted to the
practice of law in another state, and who is
employed as a law professor at an Oklahoma law
school accredited by the American Bar
Association, may be granted a Special Temporary
Permit to practice law in Oklahoma, without
examination, while such person is so employed and
devotes his or her full time to the teaching of law
in such employment. The practice of law under
such Special Temporary Permit shall be limited to
assisting attorneys licensed in Oklahoma as a
consulting or testifying expert, representing clients
only in a law school clinical program, or providing
pro bono services. Upon the termination of such
employment, the right of such person to practice
law in Oklahoma shall terminate unless such
person shall have been admitted to the practice of
law in this state pursuant to some other rule.
Compliance with Section 2 of Rule Two is
not required, but the application must be
accompanied by a certificate from the clerk of the
highest appellate court of the state in which
applicant last practiced showing that the applicant
has been admitted and is a member in good
standing of the bar of that state; and a certificate
from the Dean or Registrar of that law school
employing such applicant, showing the date of the
applicant's employment, the terms of such
employment, and the applicant's professorial rank.
Such Special Temporary Permit shall be subject to
Rule Ten of these Rules.
RULE THREE
EXAMINATION COMPULSORY
No person other than those referred to in
Rule Two shall be admitted to the practice of law
in this state except upon recommendation of the
Board of Bar Examiners obtained after such
person shall have successfully taken the
examination in writing, or as otherwise prescribed.
Only those persons possessing the qualifications
and fulfilling the conditions hereinafter prescribed
shall be permitted to take an examination for
admission to the practice of law in the State of
Oklahoma.
RULE FOUR
ADMISSION BY EXAMINATION
Section 1. When examination of an attorney of
another jurisdiction is required of one who is not
eligible for admission upon motion as provided in
Rule Two hereof, such attorney may be permitted
by the Board of Bar Examiners to take an
examination prescribed in Rule Five upon meeting
the requirements of this Rule, except that such
attorney shall not be required to register as a law
student. However, such attorney shall be required
to provide at his or her own expense a report by the
National Conference of Bar Examiners.
Section 2. No person shall be entitled to take
an examination for admission to practice law in
this state unless such person shall have been
registered as a law student filing the verified
application for registration by the 15th day of
October of the student’s second year of law school
on forms prescribed by the Board of Bar
Examiners setting forth such information as the
Board requires including:
(a) Certificate of graduation with a Bachelor of
Arts or Science degree (with a minimum of 120
college hours, at least 90 hours representing
resident study) from a college whose credit hours
are transferable to the University of Oklahoma,
Oklahoma City University or University of Tulsa
with transcript attached of undergraduate college
work;
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(b) Two (2) sets of fingerprints which may be
submitted to both the Oklahoma State Bureau of
Investigation and the Federal Bureau of
Investigation for appropriate record reviews.
(c) Recent photograph.
(d) NCBE Student Application Report for
Character and Fitness at his or her own expense.
The Board may, in its discretion, register
nunc pro tunc students who have been enrolled in
a law school accredited by the American Bar
Association upon compliance with all applicable
rules herein.
The application provided by this section
shall be valid for a period of ten (10) years. In the
event the applicant has not activated the
application within this ten (10) year period, the
application will no longer be valid and the file
containing the application and required
information will be destroyed.
Section 3. Application to take a bar exam shall
be filed at least six months prior to the date of
examination on forms prescribed by the Board of
Bar Examiners setting forth such information as
the Board requires. Such application shall contain
proof of law school study with a certified transcript
attached and a certificate of the law school dean or
associate dean that the applicant has met the
requirements for graduation with a Juris Doctor
degree from a law school in the United States of
America, its territories and possessions, accredited
by the American Bar Association.
A person who matriculates at a law school
which was accredited when applicant enrolled
therein, and who completes the course of study and
is graduated therefrom, shall be deemed a graduate
of an accredited law school, even though the
school's accreditation was withdrawn while the
applicant was enrolled therein.
No applicant may be admitted by
examination until he or she shall furnish evidence
that a score satisfactory to the Board of Bar
Examiners on the Multistate Professional
Responsibility Examination has been attained.
Admission must be effected within one year
after the date the applicant successfully completes
the bar examination unless extended by the Board
of Bar Examiners.
RULE FIVE
EXAMINATION
All applicants for admission by examination
who shall have attained a grade of at least 75% in
the subject of Oklahoma Rules of Professional
Conduct and who shall attain an average grade of
at least 75% on the examination given by the
Board of Bar Examiners covering combinations of
the subjects hereinafter specified, and who are
otherwise qualified under these Rules, shall be
recommended by the Board of Bar Examiners for
admission to the practice of law in this state.
Any applicant who is otherwise qualified to
be recommended for admission to the Bar except
by reason of failure to pass satisfactorily the
section of the Oklahoma Bar Examination in
Oklahoma Rules of Professional Conduct shall be
eligible for re-examination in the subject
Oklahoma Rules of Professional Conduct. Such
re-examination shall be conducted by the Board at
a time and place to be fixed by the Board and may
be written or oral or both. If, upon such re-examination,
the applicant receives a satisfactory
grade in the subject Oklahoma Rules of
Professional Conduct and is found by the Board to
have continued otherwise qualified to be
recommended for admission to the Bar, such
applicant shall thereupon be so recommended.
Any applicant who fails to receive a satisfactory
grade upon such re-examination shall be required
to reapply for permission to take a further
examination on Oklahoma Rules of Professional
Conduct, which may be given at the discretion of
the Board.
The following examination shall cover
combinations of the following subjects:
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1. Oklahoma Rules of Professional Conduct
2. Commercial Law, which may include:
(a) Contracts
(b) Uniform Commercial Code
(c) Consumer Law
(d) Creditor's rights, including
bankruptcy
3. Property
4. Procedural Law, which may include:
(a) Pleadings
(b) Practice
(c) Evidence
(d) Remedies (damages, restitution
and equity)
5. Criminal Law
6. Business Associations, which may
include:
(a) Agency
(b) Partnerships (including joint
ventures)
(c) Corporations
(d) Limited Liability Companies
7. Constitutional and Administrative Law
8. Torts
9. Intestate Succession, wills, trusts, estate
planning, which may include federal estate
and gift taxation
10. Conflicts of Law
11. Family Law
There shall be held two bar examinations each
year, at dates, times, places and duration to be
prescribed by the Board of Bar Examiners.
RULE SIX
ADDITIONAL EXAMINATIONS
In the event of the failure of an applicant to
pass any examination, such applicant, if otherwise
qualified under these Rules, may be permitted to
take any number of subsequent examinations upon
filing an additional application with the Board of
Bar Examiners proving continued good moral
character and fitness to practice law. The
application shall be filed by May 15 for the July
examination and by December 15 for the February
examination.
RULE SEVEN
FEES
The following non-refundable fees shall be
paid to the Board of Bar Examiners at the time of
filing of the application:
(a) Registration:
Regular . . . . . . . . . . . . $125
Nunc Pro Tunc . . . . . . . $500
(b) By each applicant for admission upon
motion: the sum of $1,500.
(c) By each applicant for admission by
examination under Rule Four, §1:
FEBRUARY BAR EXAM
Application filed on or before:
1 September . . . . .$1,000
1 October . . . . . . .$1,050
1 November . . . . .$1,150
JULY BAR EXAM
Application filed on or before:
1 February . . . . . .$1,000
1 March . . . . . . . $1,050
1 April . . . . . . . . $1,150
(d) By each applicant for a Special Temporary
Permit under Rule Two, §5: the sum of
$750.
(e) By each applicant for admission by a
Special Temporary Permit under Rule
Two, §6: the sum of $100.
(f) By each applicant for a Temporary
Permit under Rule Nine: $150.
(g) By each applicant for admission by
examination other than those under
subparagraph (c) hereof:
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FEBRUARY BAR EXAM
Application filed on or before:
1 September . . . . . $300
1 October . . . . . . $350
1 November . . . . . $450
JULY BAR EXAM
Application filed on or before:
1 February . . . . . . $300
1 March . . . . . . . $350
1 April . . . . . . . . $450
RULE EIGHT
REQUEST FOR LIST OF INDIVIDUAL GRADES
Any applicant who has failed the bar
examination may, upon request, obtain from the
Board of Bar Examiners a list showing the grades
which were awarded on each question given in
said examination and copies of applicant's answers
to essay questions. The applicant shall pay a $75
processing fee payable to the Board of Bar
Examiners. The written request must be made
within thirty (30) days following the
announcement of results of the examination.
Applicants who have passed the bar examination
may not obtain copies of their answers to the essay
questions.
RULE NINE
TEMPORARY PERMITS
Temporary permits to practice law until the
conclusion of the next succeeding bar examination
and report of the results thereof may be granted
upon the recommendation of the Board of Bar
Examiners after a showing of public convenience
and necessity and in the private sector where a case
of extreme hardship is shown, provided the
applicant has taken and passed the Multistate
Professional Responsibility Examination. All
applicants for temporary permit to practice law
shall file with the Board of Bar Examiners an
application for such temporary permit in addition
to regular application for admission to the bar
examination. The Board shall, as soon as
practicable, report its recommendation on such
application for temporary permit to the Supreme
Court, together with a copy of such application.
RULE TEN
EXPIRATION OF TEMPORARY PERMIT
The temporary permit of any person who
takes the bar examination shall expire on the date
that the successful applicants at that examination
are sworn in provided that the temporary permit of
any person who fails the bar examination shall be
revoked effective immediately upon the
announcement of the results of such bar
examination by the Administrative Director of the
Board of Bar Examiners.
RULE ELEVEN
HEARING AS TO FITNESS
Section 1. If the Board of Bar Examiners decides
to deny an application to take the bar examination
or to deny an application for admission to practice
law on any ground except failure to pass the bar
examination, written Notice of Denial shall be
mailed to the applicant citing the Rule upon which
the denial is based. The Notice of Denial must
adequately inform the applicant of the nature of the
evidence upon which the denial is based. The
Notice of Denial may be modified by the Board
prior to any hearing on the denial as long as the
applicant has sufficient notice. Subject to the
foregoing, the Notice of Denial places in issue all
matters that may relate, directly or indirectly, to the
applicant's eligibility to practice law in the State of
Oklahoma.
Section 2. The Board of Bar Examiners shall have
the power to order a hearing on its own motion
before making a decision on any application.
Written notice of such a hearing shall be given to
the applicant. The hearing procedures set forth in
this Rule Eleven shall apply both to hearings
ordered by the Board and to hearings requested by
an applicant.
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Section 3. An applicant, who receives a Notice of
Denial without a prior hearing before the Board of
Bar Examiners, may take issue with the denial and
request a hearing before the Board. The hearing
request must be written and shall be delivered to
the Board within twenty (20) days after the Notice
of Denial was mailed to the applicant. Delivery to
the Administrative Director of the Board shall be
considered delivery to the Board for purposes of
this Rule Eleven.
Section 4. In any hearing conducted under this
Rule Eleven, the applicant shall have the right to
be represented by counsel and to present evidence.
The Board of Bar Examiners may also be
represented by counsel. At the request of the
applicant or the Board, the Clerk of the Supreme
Court of Oklahoma shall issue subpoenas for
witnesses and subpoena duces tecum in connection
with the hearing. At the hearing, the Board shall
administer oaths and affirmations, receive the
evidence, and decide on the application.
Section 5. The Board shall furnish a certified court
reporter to record the proceedings at hearings
under this Rule Eleven. If an applicant desires a
transcript of the hearing, the applicant must order
the transcript from the court reporter at the
applicant's expense, and a copy must be furnished
to the Board at the applicant's expense.
Section 6. For hearings held under this Rule
Eleven, a quorum shall be five (5) members of the
Board of Bar Examiners. The Chairperson or his or
her designee shall preside as the hearing officer.
The decision on the application must be made by a
majority of the Board members present, excluding
the Chairperson, who is not a voting member
except in the case of a tie vote.
Section 7. The decision of the Board of Bar
Examiners following a hearing conducted under
this Rule Eleven shall be reduced to written form
and mailed to applicant or applicant's counsel. All
denial decisions shall include findings of fact and
conclusions of law.
Section 8.
(a) An applicant whose application is denied by the
Board of Bar Examiners following a Rule Eleven
hearing, may appeal to the Supreme Court of
Oklahoma by filing twelve copies of a Notice of
Appeal with the Clerk of the Supreme Court and
one copy of a Notice of Appeal with the Board.
The Notice of Appeal and cost bond shall be filed
by the applicant with the Clerk of the Supreme
Court within thirty (30) days after the Board's
written decision was mailed to the applicant or
his/her counsel. The Notice of Appeal shall set
forth the basis for the appeal. Any findings of fact
and conclusions of law issued by the Board in
connection with the Rule Eleven hearing shall be
attached to the Notice of Appeal.
(b) At the same time the Notice of Appeal is filed,
the applicant shall also file a good and sufficient
cost bond to be approved by the Clerk of the
Supreme Court in an amount sufficient to defray
the costs of the appeal, including the Rule Eleven
hearing transcript.
(c) Within thirty (30) days after the court reporter
has advised the applicant and the Board that the
transcript of the Rule Eleven hearing is complete,
the applicant must file twelve copies of applicant's
Brief in Chief in support of applicant's appeal with
the Clerk of the Supreme Court and one copy of
applicant's Brief in Chief with the Administrative
Director of the Board. Within forty (40) days after
receipt of the applicant's Brief in Chief the Board
must file its Answer Brief with the Clerk of the
Supreme Court. Within thirty (30) days after
receipt of the Board's Answer Brief, the applicant
may file a Reply Brief with the Clerk of the
Supreme Court.
(d) Once filed with the Clerk of the Supreme
Court, the appeal shall be subject to the rules of the
Supreme Court of the State of Oklahoma.
Section 9. The burden of establishing eligibility
for admission to the Bar of this state, to registration
as a law student, or to take an examination, shall
rest on the applicant at all stages of the
proceedings.
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RULE TWELVE
INDEPENDENT INVESTIGATION
In determining the right of any applicant to
admission, the Board of Bar Examiners shall have
the power to make such independent investigation
and require such additional showing as it may
deem proper and it shall take into consideration in
determining the right of the applicant to admission,
such facts as it may have ascertained in such
investigation. Any member of the Board
participating in such an investigation of an
applicant shall not serve in the adjudicatory
capacity concerning the applicant.
RULE THIRTEEN
DENIAL UNDER RULE ELEVEN FOR FAILURE
TO DEMONSTRATE GOOD MORAL CHARACTER,
DUE RESPECT FOR THE LAW, AND FITNESS
TO PRACTICE LAW -- MINIMUM TIME
REQUIREMENT FOR REAPPLICATION
If the decision by the Board to deny an
application is based, in whole or in part, on the
failure of the applicant to demonstrate good moral
character, due respect for the law, or fitness to
practice law, the applicant may not reapply for
admission within a period of sixty (60) months
next after the date of mailing the initial rejection
notice pursuant to Rule 11, §1, unless for good
cause shown, a shorter time period is ordered by
the Board.
RULE FOURTEEN
CONFIDENTIALITY OF RECORDS,
INVESTIGATIONS AND RESULTS
The Board of Bar Examiners shall not
disclose the contents of any records which it
maintains on an applicant, including but not
limited to information obtained by the Board in
connection with investigations into the moral
character of an applicant, and including the results
of any such investigation except as follows:
(a) When the Board deems it necessary to
disclose to a third party during the course of an
ongoing investigation of an applicant by the Board.
(b) In response to a valid subpoena issued by a
court of competent jurisdiction having authority
under the laws of the State of Oklahoma to issue
and enforce subpoenas.
(c) To an admission authority of a bar
association, or committee thereof, either state or
federal, of any jurisdiction which exercises
disciplinary or investigative authority over
attorneys or applicants.
(d) Pursuant to an order of the Oklahoma
Supreme Court.
An applicant shall have no right to demand
disclosure of complaints submitted to the Board or
information obtained by the Board in the course of
an investigation unless and until the applicant has
received notice from the Board pursuant to Section
1 of Rule 11 that his/her application has been
denied. In such event, the applicant shall be
entitled to all information in his/her file, used or
obtained by the Board, not otherwise privileged,
which is relevant to the reasons for the denial of
the application.
Reports prepared for the Board by its
attorney or by an examiner or associate examiner
are privileged and are not required to be disclosed
to the applicant or third party without an order
from the Supreme Court. The Board shall have the
right to voluntarily disclose to the applicant any
information in the applicant's file.
Nothing set forth in this Rule shall prohibit
the Board from refusing to turn over information it
deems imprudent to disclose pursuant to a request
under subparagraph (c) above or from making an
objection to the disclosure of information pursuant
to subparagraphs (b) or (d) above.
In the event the Board of Bar Examiners
provides confidential information pursuant to the
provisions of subparagraph (b), (c) or (d) above,
the Board shall give the applicant or attorney
written notice of such action prior to the disclosure
of the information by mailing such notice to the
applicant's last known address.
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RULE FIFTEEN
All rules or regulations governing the subject
matter herein covered previously in effect are
hereby cancelled, annulled, revoked, and hereafter
to be of no force or effect.

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1
RULES GOVERNING ADMISSION
TO THE PRACTICE OF LAW
IN THE STATE OF OKLAHOMA
Adopted and Promulgated by the Supreme Court of Oklahoma in Revised Form on the 8th day of December, 2009,
S.C.B.D. No. 5565.
PREAMBLE
APPLICANT'S DUTY OF CANDOR
Each applicant for admission to the bar has a
duty to be candid and to make full, careful and
accurate responses and disclosures in all phases of
the application and admission process. Each
applicant must respond fully to all inquiries. It is
not proper for an applicant to give either a highly
selective or sketchy description of past events
reflecting on the applicant's qualifications for
admission to the bar. An applicant who violates
this duty may be denied admission to the bar.
RULE ONE
To be admitted to the practice of law in the
State of Oklahoma, the applicant:
Section 1. shall have good moral character, due
respect for the law, and fitness to practice law;
Section 2. shall be at least 18 years of age;
Section 3. shall have met all the conditions and
requirements hereinafter set forth which may be
applicable;
Section 4. shall take the following oath and file
the same with the Clerk of the Supreme Court:
"I do solemnly swear that I will support, protect
and defend the Constitution of the United States,
and the Constitution of the State of Oklahoma; that
I will do no falsehood, or consent that any be done
in court, and if I know of any I will give
knowledge thereof to the judges of the court, or
some one of them, that it may be reformed; I will
not wittingly, willingly or knowingly promote, sue,
or procure to be sued, any false or unlawful suit, or
give aid or consent to the same; I will delay no
person for lucre or malice, but will act in the office
of attorney in all courts according to my best
learning and discretion with all good fidelity as
well to the court as to my client, so help me God."
Section 5. shall have signed the Roll of
Attorneys; provided, however, that if the applicant
is unable, by reason of absence, to sign the Roll,
applicant may grant the power of attorney to the
Administrative Director of the Board of Bar
Examiners to sign said Roll of Attorneys for
applicant.
RULE TWO
ADMISSION UPON MOTION
WITHOUT EXAMINATION
For purposes of this Rule, the term
"reciprocal state" shall mean a state which grants
Oklahoma judges and lawyers the right of
admission on motion, without the requirement of
taking an examination.
The following persons, when found by the
Board of Bar Examiners to be qualified under
Section 1 and 2 of Rule One, may be admitted by
the Supreme Court to the practice of law in the
State of Oklahoma upon the recommendation and
motion of the Board, without examination:
Section 1. Persons who have been lawfully
admitted to practice and are in good standing on
active status in a reciprocal state, are graduates of
an American Bar Association approved law school,
and have engaged in the actual and continuous
practice of law for at least five of the seven years
immediately preceding application for admission
under this Rule.
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For the purposes of this section, “practice of
law” shall mean:
a) Private practice as a sole practitioner or for a
law firm, legal services office, legal clinic or
similar entity, provided such practice was
subsequent to being admitted to the practice of law
in the jurisdiction in which that practice occurred;
b) Practice as an attorney for a corporation,
partnership, trust, individual or other entity,
provided such practice was subsequent to being
admitted to the practice of law in the jurisdiction in
which the practice occurred and involved the
primary duties of furnishing legal counsel, drafting
legal documents and pleadings, interpreting and
giving advice regarding the law, or preparing,
trying, or presenting cases before courts, executive
departments, administrative bureaus, or agencies;
c) Practice as an attorney for the federal, state,
local government (including a territory, district,
commonwealth or possession of the United States),
branch of the armed services, or sovereign Indian
nation with the same primary duties as described in
Section 1(b) above;
d) Employment as a judge, magistrate, referee,
or similar official for the federal, state, or local
government (including a territory, district,
commonwealth or possession of the United States),
provided that such employment is available only to
attorneys;
e) Full time employment as a teacher of law at
a law school approved by the American Bar
Association; or
f) Any combination of the above.
The period of “practice of law” as defined
above in subparagraphs 1(a) and 1(b) shall have
occurred outside the State of Oklahoma.
Applicants for admission without examination
shall furnish such proof of practice and licensing
as may be required by the Board. No applicant for
admission without examination under this rule will
be admitted if the applicant has taken and failed an
Oklahoma bar examination without having later
passed such examination.
Section 2. Applicant shall provide at his or her
own expense a report by the National Conference
of Bar Examiners.
Section 3. Applications must be upon forms
prescribed by the Board of Bar Examiners.
Section 4. It is the purpose of this rule to grant
reciprocity to qualified judges and lawyers from
other jurisdictions and to secure for Oklahoma
judges and lawyers like privileges. If the former
jurisdiction of the applicant does not grant to
Oklahoma judges and lawyers the right of
admission on motion, then this Rule shall not apply
and the applicant must, before being admitted to
practice in Oklahoma, comply with the provisions
of Rule Four. If the former jurisdiction of the
applicant permits the admission of Oklahoma
judges and lawyers upon motion but the Rules are
more stringent and exacting and contain other
limitations, restrictions or conditions of admission
and the fees required to be paid are higher, the
admission of applicant shall be governed by the
same Rules and shall pay the same fees which
would apply to an applicant from Oklahoma
seeking admission to the bar in the applicant's
former jurisdiction.
Section 5. Any person who is admitted to the
practice of law in a reciprocal state who becomes a
resident of Oklahoma to accept or continue
employment by a person, firm, association or
corporation engaged in business in Oklahoma other
than the practice of law, whose full time is, or will
be, devoted to the business of such employer, and
who receives, or will receive, his or her entire
compensation from such employer for applicant's
legal services, may be granted a Special Temporary
Permit to practice law in Oklahoma, without
examination, if the applicant would be fully
qualified to take the bar examination in Oklahoma
under the rules of the Supreme Court, and so long
as such person remains in the employ of, and
devotes his or her full time to the business of, and
receives compensation for legal services from no
other source than applicant's said employer. Upon
the termination of such employment or transfer
outside the State of Oklahoma, the right of such
person to practice law in Oklahoma shall terminate
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unless such person shall have been admitted to
practice law in this state pursuant to some other
rule.
The application must comply with Section 2
of Rule Two and be accompanied by a certificate
from the clerk of the highest appellate court of the
state in which the applicant last practiced, showing
that applicant has been admitted, and is a member
in good standing of the bar of that state; and a
certificate from the employer of such applicant
showing applicant's employment by such employer
and that applicant's full time employment will be
by such employer in Oklahoma. The Special
Temporary Permit shall recite that it is issued
under this Rule, and shall briefly contain the
contents thereof. Such Special Temporary Permit
shall be subject to Rule Ten of these Rules.
Section 6. A person who is admitted to the
practice of law in another state, and who is
employed as a law professor at an Oklahoma law
school accredited by the American Bar
Association, may be granted a Special Temporary
Permit to practice law in Oklahoma, without
examination, while such person is so employed and
devotes his or her full time to the teaching of law
in such employment. The practice of law under
such Special Temporary Permit shall be limited to
assisting attorneys licensed in Oklahoma as a
consulting or testifying expert, representing clients
only in a law school clinical program, or providing
pro bono services. Upon the termination of such
employment, the right of such person to practice
law in Oklahoma shall terminate unless such
person shall have been admitted to the practice of
law in this state pursuant to some other rule.
Compliance with Section 2 of Rule Two is
not required, but the application must be
accompanied by a certificate from the clerk of the
highest appellate court of the state in which
applicant last practiced showing that the applicant
has been admitted and is a member in good
standing of the bar of that state; and a certificate
from the Dean or Registrar of that law school
employing such applicant, showing the date of the
applicant's employment, the terms of such
employment, and the applicant's professorial rank.
Such Special Temporary Permit shall be subject to
Rule Ten of these Rules.
RULE THREE
EXAMINATION COMPULSORY
No person other than those referred to in
Rule Two shall be admitted to the practice of law
in this state except upon recommendation of the
Board of Bar Examiners obtained after such
person shall have successfully taken the
examination in writing, or as otherwise prescribed.
Only those persons possessing the qualifications
and fulfilling the conditions hereinafter prescribed
shall be permitted to take an examination for
admission to the practice of law in the State of
Oklahoma.
RULE FOUR
ADMISSION BY EXAMINATION
Section 1. When examination of an attorney of
another jurisdiction is required of one who is not
eligible for admission upon motion as provided in
Rule Two hereof, such attorney may be permitted
by the Board of Bar Examiners to take an
examination prescribed in Rule Five upon meeting
the requirements of this Rule, except that such
attorney shall not be required to register as a law
student. However, such attorney shall be required
to provide at his or her own expense a report by the
National Conference of Bar Examiners.
Section 2. No person shall be entitled to take
an examination for admission to practice law in
this state unless such person shall have been
registered as a law student filing the verified
application for registration by the 15th day of
October of the student’s second year of law school
on forms prescribed by the Board of Bar
Examiners setting forth such information as the
Board requires including:
(a) Certificate of graduation with a Bachelor of
Arts or Science degree (with a minimum of 120
college hours, at least 90 hours representing
resident study) from a college whose credit hours
are transferable to the University of Oklahoma,
Oklahoma City University or University of Tulsa
with transcript attached of undergraduate college
work;
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(b) Two (2) sets of fingerprints which may be
submitted to both the Oklahoma State Bureau of
Investigation and the Federal Bureau of
Investigation for appropriate record reviews.
(c) Recent photograph.
(d) NCBE Student Application Report for
Character and Fitness at his or her own expense.
The Board may, in its discretion, register
nunc pro tunc students who have been enrolled in
a law school accredited by the American Bar
Association upon compliance with all applicable
rules herein.
The application provided by this section
shall be valid for a period of ten (10) years. In the
event the applicant has not activated the
application within this ten (10) year period, the
application will no longer be valid and the file
containing the application and required
information will be destroyed.
Section 3. Application to take a bar exam shall
be filed at least six months prior to the date of
examination on forms prescribed by the Board of
Bar Examiners setting forth such information as
the Board requires. Such application shall contain
proof of law school study with a certified transcript
attached and a certificate of the law school dean or
associate dean that the applicant has met the
requirements for graduation with a Juris Doctor
degree from a law school in the United States of
America, its territories and possessions, accredited
by the American Bar Association.
A person who matriculates at a law school
which was accredited when applicant enrolled
therein, and who completes the course of study and
is graduated therefrom, shall be deemed a graduate
of an accredited law school, even though the
school's accreditation was withdrawn while the
applicant was enrolled therein.
No applicant may be admitted by
examination until he or she shall furnish evidence
that a score satisfactory to the Board of Bar
Examiners on the Multistate Professional
Responsibility Examination has been attained.
Admission must be effected within one year
after the date the applicant successfully completes
the bar examination unless extended by the Board
of Bar Examiners.
RULE FIVE
EXAMINATION
All applicants for admission by examination
who shall have attained a grade of at least 75% in
the subject of Oklahoma Rules of Professional
Conduct and who shall attain an average grade of
at least 75% on the examination given by the
Board of Bar Examiners covering combinations of
the subjects hereinafter specified, and who are
otherwise qualified under these Rules, shall be
recommended by the Board of Bar Examiners for
admission to the practice of law in this state.
Any applicant who is otherwise qualified to
be recommended for admission to the Bar except
by reason of failure to pass satisfactorily the
section of the Oklahoma Bar Examination in
Oklahoma Rules of Professional Conduct shall be
eligible for re-examination in the subject
Oklahoma Rules of Professional Conduct. Such
re-examination shall be conducted by the Board at
a time and place to be fixed by the Board and may
be written or oral or both. If, upon such re-examination,
the applicant receives a satisfactory
grade in the subject Oklahoma Rules of
Professional Conduct and is found by the Board to
have continued otherwise qualified to be
recommended for admission to the Bar, such
applicant shall thereupon be so recommended.
Any applicant who fails to receive a satisfactory
grade upon such re-examination shall be required
to reapply for permission to take a further
examination on Oklahoma Rules of Professional
Conduct, which may be given at the discretion of
the Board.
The following examination shall cover
combinations of the following subjects:
5
1. Oklahoma Rules of Professional Conduct
2. Commercial Law, which may include:
(a) Contracts
(b) Uniform Commercial Code
(c) Consumer Law
(d) Creditor's rights, including
bankruptcy
3. Property
4. Procedural Law, which may include:
(a) Pleadings
(b) Practice
(c) Evidence
(d) Remedies (damages, restitution
and equity)
5. Criminal Law
6. Business Associations, which may
include:
(a) Agency
(b) Partnerships (including joint
ventures)
(c) Corporations
(d) Limited Liability Companies
7. Constitutional and Administrative Law
8. Torts
9. Intestate Succession, wills, trusts, estate
planning, which may include federal estate
and gift taxation
10. Conflicts of Law
11. Family Law
There shall be held two bar examinations each
year, at dates, times, places and duration to be
prescribed by the Board of Bar Examiners.
RULE SIX
ADDITIONAL EXAMINATIONS
In the event of the failure of an applicant to
pass any examination, such applicant, if otherwise
qualified under these Rules, may be permitted to
take any number of subsequent examinations upon
filing an additional application with the Board of
Bar Examiners proving continued good moral
character and fitness to practice law. The
application shall be filed by May 15 for the July
examination and by December 15 for the February
examination.
RULE SEVEN
FEES
The following non-refundable fees shall be
paid to the Board of Bar Examiners at the time of
filing of the application:
(a) Registration:
Regular . . . . . . . . . . . . $125
Nunc Pro Tunc . . . . . . . $500
(b) By each applicant for admission upon
motion: the sum of $1,500.
(c) By each applicant for admission by
examination under Rule Four, §1:
FEBRUARY BAR EXAM
Application filed on or before:
1 September . . . . .$1,000
1 October . . . . . . .$1,050
1 November . . . . .$1,150
JULY BAR EXAM
Application filed on or before:
1 February . . . . . .$1,000
1 March . . . . . . . $1,050
1 April . . . . . . . . $1,150
(d) By each applicant for a Special Temporary
Permit under Rule Two, §5: the sum of
$750.
(e) By each applicant for admission by a
Special Temporary Permit under Rule
Two, §6: the sum of $100.
(f) By each applicant for a Temporary
Permit under Rule Nine: $150.
(g) By each applicant for admission by
examination other than those under
subparagraph (c) hereof:
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FEBRUARY BAR EXAM
Application filed on or before:
1 September . . . . . $300
1 October . . . . . . $350
1 November . . . . . $450
JULY BAR EXAM
Application filed on or before:
1 February . . . . . . $300
1 March . . . . . . . $350
1 April . . . . . . . . $450
RULE EIGHT
REQUEST FOR LIST OF INDIVIDUAL GRADES
Any applicant who has failed the bar
examination may, upon request, obtain from the
Board of Bar Examiners a list showing the grades
which were awarded on each question given in
said examination and copies of applicant's answers
to essay questions. The applicant shall pay a $75
processing fee payable to the Board of Bar
Examiners. The written request must be made
within thirty (30) days following the
announcement of results of the examination.
Applicants who have passed the bar examination
may not obtain copies of their answers to the essay
questions.
RULE NINE
TEMPORARY PERMITS
Temporary permits to practice law until the
conclusion of the next succeeding bar examination
and report of the results thereof may be granted
upon the recommendation of the Board of Bar
Examiners after a showing of public convenience
and necessity and in the private sector where a case
of extreme hardship is shown, provided the
applicant has taken and passed the Multistate
Professional Responsibility Examination. All
applicants for temporary permit to practice law
shall file with the Board of Bar Examiners an
application for such temporary permit in addition
to regular application for admission to the bar
examination. The Board shall, as soon as
practicable, report its recommendation on such
application for temporary permit to the Supreme
Court, together with a copy of such application.
RULE TEN
EXPIRATION OF TEMPORARY PERMIT
The temporary permit of any person who
takes the bar examination shall expire on the date
that the successful applicants at that examination
are sworn in provided that the temporary permit of
any person who fails the bar examination shall be
revoked effective immediately upon the
announcement of the results of such bar
examination by the Administrative Director of the
Board of Bar Examiners.
RULE ELEVEN
HEARING AS TO FITNESS
Section 1. If the Board of Bar Examiners decides
to deny an application to take the bar examination
or to deny an application for admission to practice
law on any ground except failure to pass the bar
examination, written Notice of Denial shall be
mailed to the applicant citing the Rule upon which
the denial is based. The Notice of Denial must
adequately inform the applicant of the nature of the
evidence upon which the denial is based. The
Notice of Denial may be modified by the Board
prior to any hearing on the denial as long as the
applicant has sufficient notice. Subject to the
foregoing, the Notice of Denial places in issue all
matters that may relate, directly or indirectly, to the
applicant's eligibility to practice law in the State of
Oklahoma.
Section 2. The Board of Bar Examiners shall have
the power to order a hearing on its own motion
before making a decision on any application.
Written notice of such a hearing shall be given to
the applicant. The hearing procedures set forth in
this Rule Eleven shall apply both to hearings
ordered by the Board and to hearings requested by
an applicant.
7
Section 3. An applicant, who receives a Notice of
Denial without a prior hearing before the Board of
Bar Examiners, may take issue with the denial and
request a hearing before the Board. The hearing
request must be written and shall be delivered to
the Board within twenty (20) days after the Notice
of Denial was mailed to the applicant. Delivery to
the Administrative Director of the Board shall be
considered delivery to the Board for purposes of
this Rule Eleven.
Section 4. In any hearing conducted under this
Rule Eleven, the applicant shall have the right to
be represented by counsel and to present evidence.
The Board of Bar Examiners may also be
represented by counsel. At the request of the
applicant or the Board, the Clerk of the Supreme
Court of Oklahoma shall issue subpoenas for
witnesses and subpoena duces tecum in connection
with the hearing. At the hearing, the Board shall
administer oaths and affirmations, receive the
evidence, and decide on the application.
Section 5. The Board shall furnish a certified court
reporter to record the proceedings at hearings
under this Rule Eleven. If an applicant desires a
transcript of the hearing, the applicant must order
the transcript from the court reporter at the
applicant's expense, and a copy must be furnished
to the Board at the applicant's expense.
Section 6. For hearings held under this Rule
Eleven, a quorum shall be five (5) members of the
Board of Bar Examiners. The Chairperson or his or
her designee shall preside as the hearing officer.
The decision on the application must be made by a
majority of the Board members present, excluding
the Chairperson, who is not a voting member
except in the case of a tie vote.
Section 7. The decision of the Board of Bar
Examiners following a hearing conducted under
this Rule Eleven shall be reduced to written form
and mailed to applicant or applicant's counsel. All
denial decisions shall include findings of fact and
conclusions of law.
Section 8.
(a) An applicant whose application is denied by the
Board of Bar Examiners following a Rule Eleven
hearing, may appeal to the Supreme Court of
Oklahoma by filing twelve copies of a Notice of
Appeal with the Clerk of the Supreme Court and
one copy of a Notice of Appeal with the Board.
The Notice of Appeal and cost bond shall be filed
by the applicant with the Clerk of the Supreme
Court within thirty (30) days after the Board's
written decision was mailed to the applicant or
his/her counsel. The Notice of Appeal shall set
forth the basis for the appeal. Any findings of fact
and conclusions of law issued by the Board in
connection with the Rule Eleven hearing shall be
attached to the Notice of Appeal.
(b) At the same time the Notice of Appeal is filed,
the applicant shall also file a good and sufficient
cost bond to be approved by the Clerk of the
Supreme Court in an amount sufficient to defray
the costs of the appeal, including the Rule Eleven
hearing transcript.
(c) Within thirty (30) days after the court reporter
has advised the applicant and the Board that the
transcript of the Rule Eleven hearing is complete,
the applicant must file twelve copies of applicant's
Brief in Chief in support of applicant's appeal with
the Clerk of the Supreme Court and one copy of
applicant's Brief in Chief with the Administrative
Director of the Board. Within forty (40) days after
receipt of the applicant's Brief in Chief the Board
must file its Answer Brief with the Clerk of the
Supreme Court. Within thirty (30) days after
receipt of the Board's Answer Brief, the applicant
may file a Reply Brief with the Clerk of the
Supreme Court.
(d) Once filed with the Clerk of the Supreme
Court, the appeal shall be subject to the rules of the
Supreme Court of the State of Oklahoma.
Section 9. The burden of establishing eligibility
for admission to the Bar of this state, to registration
as a law student, or to take an examination, shall
rest on the applicant at all stages of the
proceedings.
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RULE TWELVE
INDEPENDENT INVESTIGATION
In determining the right of any applicant to
admission, the Board of Bar Examiners shall have
the power to make such independent investigation
and require such additional showing as it may
deem proper and it shall take into consideration in
determining the right of the applicant to admission,
such facts as it may have ascertained in such
investigation. Any member of the Board
participating in such an investigation of an
applicant shall not serve in the adjudicatory
capacity concerning the applicant.
RULE THIRTEEN
DENIAL UNDER RULE ELEVEN FOR FAILURE
TO DEMONSTRATE GOOD MORAL CHARACTER,
DUE RESPECT FOR THE LAW, AND FITNESS
TO PRACTICE LAW -- MINIMUM TIME
REQUIREMENT FOR REAPPLICATION
If the decision by the Board to deny an
application is based, in whole or in part, on the
failure of the applicant to demonstrate good moral
character, due respect for the law, or fitness to
practice law, the applicant may not reapply for
admission within a period of sixty (60) months
next after the date of mailing the initial rejection
notice pursuant to Rule 11, §1, unless for good
cause shown, a shorter time period is ordered by
the Board.
RULE FOURTEEN
CONFIDENTIALITY OF RECORDS,
INVESTIGATIONS AND RESULTS
The Board of Bar Examiners shall not
disclose the contents of any records which it
maintains on an applicant, including but not
limited to information obtained by the Board in
connection with investigations into the moral
character of an applicant, and including the results
of any such investigation except as follows:
(a) When the Board deems it necessary to
disclose to a third party during the course of an
ongoing investigation of an applicant by the Board.
(b) In response to a valid subpoena issued by a
court of competent jurisdiction having authority
under the laws of the State of Oklahoma to issue
and enforce subpoenas.
(c) To an admission authority of a bar
association, or committee thereof, either state or
federal, of any jurisdiction which exercises
disciplinary or investigative authority over
attorneys or applicants.
(d) Pursuant to an order of the Oklahoma
Supreme Court.
An applicant shall have no right to demand
disclosure of complaints submitted to the Board or
information obtained by the Board in the course of
an investigation unless and until the applicant has
received notice from the Board pursuant to Section
1 of Rule 11 that his/her application has been
denied. In such event, the applicant shall be
entitled to all information in his/her file, used or
obtained by the Board, not otherwise privileged,
which is relevant to the reasons for the denial of
the application.
Reports prepared for the Board by its
attorney or by an examiner or associate examiner
are privileged and are not required to be disclosed
to the applicant or third party without an order
from the Supreme Court. The Board shall have the
right to voluntarily disclose to the applicant any
information in the applicant's file.
Nothing set forth in this Rule shall prohibit
the Board from refusing to turn over information it
deems imprudent to disclose pursuant to a request
under subparagraph (c) above or from making an
objection to the disclosure of information pursuant
to subparagraphs (b) or (d) above.
In the event the Board of Bar Examiners
provides confidential information pursuant to the
provisions of subparagraph (b), (c) or (d) above,
the Board shall give the applicant or attorney
written notice of such action prior to the disclosure
of the information by mailing such notice to the
applicant's last known address.
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RULE FIFTEEN
All rules or regulations governing the subject
matter herein covered previously in effect are
hereby cancelled, annulled, revoked, and hereafter
to be of no force or effect.